Art. 4630 Partition in kind when defendant appears and prays therefor

When co-owners of property want to split up their shared ownership, sometimes the property can actually be divided into physical pieces instead of being sold. This rule explains when that happens.

If the property can be divided into separate parts (instead of just being sold and having the money split), and the person being sued responds to the case on time with their own lawyer, and they ask the court to divide the property physically, the court must grant that request. The judge doesn't have a choice in this situation. As long as the property can realistically be split into pieces and the defendant properly asks for that outcome, the court has to order the physical division rather than a sale.

This matters because splitting property in kind lets everyone keep an actual piece of the property, rather than losing it entirely and just getting cash. The rule protects the defendant's right to choose this option, as long as they follow the proper steps and hire their own attorney to make the request in their formal answer to the lawsuit.